Full and final settlement

Dear Friend, Please allow me to add value. The calculation for Gratuity will be “Last drawn Basic * no. of years of service * 15/26 and hopefully not only ‘Basic’”.

Apart it is stated that Basic is equal to 50% of gross; this is where confusion is catering. As it the Basic from where we derive the Gross and not the gross from where the Basic is derived. Now by only quoting the salary structure it will be not perfect to derive the gratuity value. The salary slip for the last month need to refer for this purpose, as there are other allowance which also qualify the definition of Basic for this purpose.

Aside, you have held that the P.Tax has not been deposited to the concerned authority, please have a concrete evidence on this else it will come boomerang to you. 

Ok then it is great!!

In case where the salary slip is not provided why the entire figure should then be considered as ‘Basic’? It should be! You need to plead for that!

Regarding P.T better to file a RTI to decide on the same for your next course of action.

Form 16 is nothing to do with the Basic as Tax is calculated in the Gross.

Please send an Advocate’s notice to the employer for settling the F&F within the rule and also annex Form I with this legal notice, it will be more effective.

Dear Sir,

Greetings of the Day!! 

I was working in a joint venture co. of a renowned PSU for last two years.  My sevice was terminated in the mid of Mar'2018 and asked to serve the notice period for two months.  I served my last working day on 14th May'2018.  I have requested for FnF many times verbally and over the email.  The employer is not settling the same (one particular person who was my boss is playing game) on lame excuse of a business account settlement with which I dont have connection.  There is already a well defined team who are looking after the same account of the organisation but they are unduly giving me the onus of that account pending bill amount.  

Pls guide me whether we should file ITR to get my FnF.

Your reply awaited.

Thanks and Regards,

I believe you want to mean RTI as ITR has no resemblance with the F&F process. You held that your organization is a PSU, therefore may the RTI will be a cumbersome process. Your last day of work was 14-05-2018 thereafter to fight for your F&F process is a bit premature and hence need to wait for at least 30 days from the day you left to make your case a suitable one.

After 30 days may an Advocate letter be sent to your Personal department and thereafter litigation, if needed at all!

Hi Akash Sir Please answer for my Query -

I joined a company in Sepetember, 2013 having bond of 1L / 2Yr . After completing one year of service because of unexpected reason at home I stopped going to company. I was absent for 2 months. After 2 months I requested HR for joining. HR denied and told me that I can't join as I was absent for long time ( meanwhile during my absent one of my relative spoke to Manager and informed about the scenario happened in my house ).

Now( May 2018 ) I am in need of exp letter from that company. I requested for the same and they asked me to pay for settlement amount . I have folloing question for the same -

1. Can the settlement amount be reduced ?

2. I have salary slip of entire working period , will it be enough to show my experiance to new company ?

3. If answer for Q2. is yes that what will my prev company will do during Bacground Check to the third party who will be doing BGC ? Will they say that I didn't work there ?

Please do suggest for the above .